N.Y. Public Authorities Law § 1054: Powers of the authority

§ 1054. Powers of the authority. The authority shall have power:

1. To sue and be sued;

2. To have a seal and alter the same at pleasure;

3. To acquire, in the name of the authority, lease, hold and dispose

of personal property or any interest therein for its corporate purposes,

including the power to purchase prospective or tentative awards in

connection with the exercise of the power of condemnation hereinafter

granted;

4. To purchase, in the name of the authority, any water supply system,

water distribution system, including plants, works, instrumentalities or

parts thereof and appurtenances thereto, lands, easements, rights in

land and water rights, rights-of-way, contract rights, franchises,

approaches, connections, dams, reservoirs, water mains and pipe lines,

pumping stations and equipment, or any other property, real, personal or

mixed, incidental to and included in such system or part thereof, and

any improvements, extensions, and betterments, situated within the

county of Erie, provided however that the authority shall have the power

to purchase any source of supply, or water supply system or any part

thereof situated without the county of Erie; and in connection with the

purchase of such properties the authority may assume any obligations of

the owner of such properties and, to the extent required by the terms of

any indentures or other instruments under which such obligations were

issued, the authority may assume and agree to perform convenants and

observe the restrictions contained in such instruments; and furthermore

the owner of any properties, which the authority is authorized to

acquire, is hereby authorized to sell or otherwise transfer the same to

the authority, whereupon the authority shall become charged with the

performance of all public duties with respect to such properties with

which such owner was charged and such owner shall become discharged from

the performance thereof, and in the case of a sale or other transfer of

properties of a public utility corporation pursuant to this provision,

it shall be lawful to dissolve such corporation;

5. To condemn, in the name of the authority, any water supply system,

water distribution system, including plants, works, instrumentalities,

or parts thereof and appurtenances thereto, lands, easements, rights in

land and water rights, rights-of-way, contract rights, franchises,

approaches, connections, dams, reservoirs, water mains and pipe lines,

pumping stations and equipment, or any other property, real, personal or

mixed, incidental to and included in any such source of supply or any

such system or parts thereof, and any improvements, extensions and

betterments, situated within the county of Erie, and to condemn any

necessary source of supply or water supply system, or any parts thereof,

situated without the county of Erie. The authority shall exercise the

power of condemnation hereby granted in the manner provided in the

condemnation law or in the manner provided by law for the condemnation

of land by the county of Erie. Upon the taking of the constitutional

oath of office by the commissioners of appraisal and the filing of such

oaths, title to the properties described in the condemnation proceedings

shall become and be vested in the authority as hereinafter provided in

this title and such authority shall be entitled to enter into possession

of the property condemned and to operate the same for its corporate

purposes. Upon the vesting of title in the authority, any person

entitled to a final award shall have and retain a lien upon such

property to secure the payment of such compensation with interest, as

shall be directed to be paid by the final order in the condemnation

proceeding. The lien shall be discharged and satisfied by payment of the

compensation, with interest directed to be paid by the final order, less

any sums, with interest paid in advance of the determination of the

final award in condemnation as hereinafter provided. In the exercise of

such power of condemnation, the property being condemned shall be

deemed, when so determined by the authority, to be for a public use

superior to the public use in the hands of any other person,

association, or corporation, provided, however, that the authority shall

have no power to condemn property the legal title to which is vested in

a municipal corporation or political subdivision of the state unless

such municipal corporation or political subdivision shall consent

thereto;

6. To construct and develop any water supply system, water

distribution system, including plants, works, instrumentalities, or

parts thereof, and appurtenances thereto, dams, reservoirs, water mains,

pipe lines, pumping stations and equipment, or any other property

incidental to or included in such system or part thereof, and to

acquire, by condemnation in the manner provided by this title, or by

purchase, lands, easements, rights in land, and water rights and

rights-of-way in connection therewith; and to own and operate, maintain,

repair, improve, reconstruct, enlarge and extend, subject to the

provisions of this title, any of its properties acquired hereunder, all

of which, together with the acquisition of such properties are hereby

declared to be public purposes;

6-a. To do all things necessary to construct and maintain water

transmission and distribution mains and appurtenances thereto to provide

wholesale or retail supplies of water to the town of Hanover, village of

Silver Creek, and the Seneca Nation of Indians, Cattaraugus reservation

upon the adoption of a resolution of the governing body of any such

municipality or Indian tribe requesting that the authority sell water to

their municipality or tribe and the adoption of a consenting resolution

by the governing body of the water utility serving such municipality or

tribe should such a water utility then exist;

7. To sell, lease, convey, or otherwise dispose of any distribution

system or improvements thereto which the authority may acquire or

construct to any municipal corporation or town water district or to the

county;

8. To produce, develop, distribute and sell water, water services,

facilities and commodities within or without the territorial limits of

the district; and to purchase water from any municipal corporation, town

water district, person, association or corporation; provided, however,

that water may be sold at retail to individual consumers only within the

county of Erie and further provided that in exercising the powers

granted by this title, the authority shall not sell water in any area

which is served by a water system owned or operated by a municipality or

special improvement district unless the governing board of such

municipality or district shall adopt a resolution requesting the

authority to sell water in such served area;

9. To acquire, hold, use, lease, mortgage, sell, transfer and dispose

of any property, real, personal or mixed, or interest therein, for its

corporate purposes;

10. To make by-laws for the management and regulation of its affairs,

and subject to agreements with bondholders, rules for the sale of water

and the collection of rents and charges therefor. Such rules may provide

for the discontinuance or disconnection of the supply of water for non

payment of water rents, rates or charges. The authority shall not

discontinue or disconnect the supply of water except in the manner and

upon such notice as is required of a water-works corporation pursuant to

subdivision three-a of section eighty-nine-b of the public service law.

A copy of such rules and by-laws, and all amendments thereto, duly

certified by the secretary of the authority shall be filed in the office

of the clerk of the county and thereafter published once in two

newspapers having a general circulation in the county. Violation of such

rules shall be a misdemeanor punishable by fine, not exceeding fifty

dollars, or by imprisonment for not longer than thirty days, or both.

Exclusive jurisdiction is hereby conferred upon the local criminal

courts of the county, outside the city of Buffalo, which have trial

jurisdiction, to hear and determine, subject to the provisions of the

criminal procedure law, any violation of this title;

11. With the consent of the county to use the officers, employees,

facilities and equipment of the county, paying a proper portion of the

compensation or cost;

12. To make contracts and to execute all necessary or convenient

instruments, including evidences of indebtedness, negotiable or

non-negotiable;

13. To enter on any lands, waterways and premises for the purpose of

making surveys, soundings and examinations;

14. To borrow money and to issue negotiable bonds, notes or other

obligations and to fund or refund the same, and to provide for the

rights of the holders of its obligations;

15. To fix rates and collect charges for the use of the facilities of,

or services rendered by, or any commodities furnished by the authority

such as to provide revenues sufficient at all times to pay, as the same

shall become due, the principal and interest on the bonds of the

authority together with the maintenance of proper reserves therefor, in

addition to paying as the same shall become due the expense of operating

and maintaining the properties of the authority together with proper

reserves for depreciation, maintenance, and contingencies and all other

obligations and indebtedness of the authority;

16. To enter into cooperative agreements with other water authorities,

municipalities, counties, towns, villages, water districts, utility

companies, individuals, firms or corporations, within or without the

territorial limits of the district for the inter-connection of

facilities, the exchange or interchange of services and commodities or

for any other lawful purposes necessary or desirable to effect the

purposes of this title;

17. To accept grants, loans or contributions from the United States,

the state of New York, or any agency or instrumentality of either of

them, or the county, or an individual, by bequest or otherwise, and to

expend the proceeds for any purposes of the authority;

18. To do all things necessary or convenient to carry out the powers

expressly given in this title.

19. To facilitate the determination of the economic practicability of

any step contemplated by the authority or of any other fact or matter

which the authority is now or may hereafter be authorized and empowered

to decide or determine the authority may and in the case of any project

involving an expenditure in excess of five hundred thousand dollars must

conduct investigations, inquiries or hearings at such place or places as

it shall appoint. Such investigations, inquiries or hearings may be held

by or before one or more of any officers of the authority or by or

before any person or persons appointed as its representative, and when

ratified, approved or confirmed by the authority its action shall be and

be determined to be the investigation, inquiry or hearing of the

authority.

For the purpose of any such investigation, inquiry or hearing and for

the purpose of such other action or powers as the authority may be

authorized or empowered to take or exercise, it shall have jurisdiction

of any and all persons, associations or corporations residing in or

acting under and by virtue of the laws of or owning property within the

state of New York and shall have the power to compel the attendance of

witnesses and the production of any papers, books or other documents,

and to administer oaths to all witnesses who may be called before it.

20. Upon the adoption of a resolution by the authority that it intends

to acquire or to commence negotiations for the purpose of acquiring the

property or any part thereof, of a public utility corporation, said

public utility corporation shall give to the authority and its

authorized representatives access to its books, records and accounts, or

such portion thereof, as are descriptive of the property proposed to be

acquired.

21. At any time after the entry of a judgment as provided in the

condemnation law, the authority may make application to the court for an

order directing that title to the property described in the proceeding

shall vest in the authority in advance of the determination and payment

of the final award in condemnation. Upon such application the court

shall hear the proofs of the parties to the proceeding respecting the

readiness and ability of the authority to pay to the person entitled

such compensation with interest as the final order in the proceeding may

direct to be paid. If the court shall be satisfied that the authority

will be ready and able to pay said compensation with interest when

ascertained, and that the person entitled thereto by such proofs and the

provisions of this title, is reasonably assured of such payment, the

court shall make an order vesting title to the property described in the

authority, upon the taking and filing of the oath of office by the

commissioners of appraisal, or at any stage of the proceeding

thereafter.

Upon the entry of said order with proof of service upon the parties to

the proceeding, the authority shall be entitled to enter into possession

of the property and to operate the same for its corporate purposes. Such

order shall be enforced to obtain delivery of possession of the property

in the manner provided for in section seventeen of the condemnation law.

22. Upon the vesting of title in the authority of the property

described in a condemnation proceeding, or at any time thereafter the

authority on notice to the parties to the proceeding may pay to any

party or person entitled to an award for the property acquired, in

advance of the determination of the final award, a sum of money to be

determined by the authority. Such payment shall be made to the parties

as their interests shall be determined by the court.

If the authority shall decide to make a partial payment in advance to

any party or person entitled to an award, the interest on any sum so

decided to be paid in advance shall cease to run on and after a date

five days after such party or person shall have been notified by mail or

otherwise that the authority is ready to pay the same.

When any such payment in advance shall have been made, the authority

upon paying the final award for the property acquired, shall deduct from

the total amount allowed as compensation, any sum advanced plus interest

thereon from the date of the payment of such advance to the date of the

final award in the proceeding.

23. To enter into a contract or contracts with the board of

supervisors of Erie county for the acquisition, construction and

development of a water supply and distribution system, or any part or

parts thereof, on behalf of a county water district, and to contract for

the operation and management of such county water district, all as

provided in article five-a of the county law and article five-b of the

general municipal law. Such water authority shall be deemed the agent of

Erie county under any such contract. If such contract shall authorize

the water authority to purchase supplies or equipment or to construct

public works, such authority shall be subject to all provisions of law

to which Erie county would be subject in relation to advertising and

awarding any such contracts for supplies, equipment or public works.